8.  The applicants, Mrs Macedonia Gavrielidou, Mr Nicos Kannavas, Mrs Maria Kannava and Mr George Kannavas were born in 1926, 1936, 1943 and 1969 respectively and live in Limassol.
9.  The applicants were defendants in two sets of proceedings initiated against them before the District Court of Limassol.
10.  Both actions were originally filed against the first and second applicants and Mr Andreas Kannavas in relation to contracts for the sale of certain flats in a block that had been built by a company know as A. Pieris Estates Ltd on land owned by the applicants in the coastal area of Limassol. On 10 March 1978 the applicants had concluded an agreement with the above company allowing the latter to build a block of flats and a restaurant on their land. In return the company would have 75% of the flats (twenty five in total) and a share equivalent to that percentage in the restaurant. The company had also undertaken to complete and deliver to the applicants in a specified period of time the remaining ten flats tantamount to a 25% share in the building. The applicants would also have a share of 25% in the restaurant. Following an agreement between the above company, the applicants and another company (A. Pieri Alakatoudi Beach Court Ltd) on 7 April 1978, the above company transferred all the rights it had in the block to A. Pieri Alakatoudi Beach Court Ltd. The latter then concluded contracts with the third persons for the sale of flats in the block. It appears that these contracts were not deposited with the Land Registry.
11.  Subsequently, in 1982, the applicants terminated their agreements with the companies in view of the fact that the latter had not completed the work undertaken in the period prescribed. The termination of the aforementioned agreements had been the object of an action before the District Court of Limassol (action no. 2024/82) filed by the applicants, who had also requested an order for the sale of 75% of the building by auction to cover the amount of damages. Following an agreement on 26 March 1982 between the purchasers and A. Pieri Alakatoudi Beach Court Ltd, the flats were completed and delivered to the applicants and the purchasers. Both the applicants and the purchasers took possession of the flats. It appears however that the rest of the building was not completed.
12.  The purchasers then brought civil actions against the applicants and A. Pieri Alakatoudi Beach Court Ltd concerning the flats (action no. 5949/85, St George Car Hire Ltd others v. Macedonia Gavrielidou and others and action no. 702/86, Andreas Tsaggaris v. Macedonia Gavrielidou and others). This company was subsequently wound up and the official receiver was joined as a defendant in the domestic proceedings, being the liquidator of this company.
13.  In both sets of proceedings the plaintiffs requested the same remedies: an order by the court declaring that, firstly, the contracts of sale of the relevant flats concluded between them and the above-mentioned company were binding on the latter as well as the applicants who were not parties to the contracts; secondly, that the applicants as co-owners and/or sellers of the relevant flats held the flats as trustees for the benefit of the plaintiffs; and lastly, any other remedy the court deemed fit to award.
14.  Following the death of Mr Andreas Kannavas on 18 May 1995, the last two applicants were appointed as administrators of his estate and were joined on 19 June 1996 (civil action no. 5949/85) and 11 January 1996 (civil action no. 702/86) as defendants in both sets of proceedings. They are the wife and son of the deceased and two of his four heirs. Furthermore, on 26 January 1998 the first applicant transferred her share in the relevant property to her two sons.
15.  On 17 October 1985 civil action no. 5949/85 was filed in the District Court of Limassol by fourteen plaintiffs against the first and second applicants, Mr Andreas Kannavas and A. Pieri Alakatoudi Beach Court Ltd.
16.  Between the above date and 1 January 1989 the submission of the parties’ pleadings took place and the court dealt with various applications for amendments thereto.
17.  From 1 January 1989 until 16 December 1994 the court dealt with an application for amendment of the title of the action and statement of claim following one of the plaintiffs’ death, an application by the plaintiffs for amendments to their pleadings in respect of which it issued an interim decision and an application by the applicants for the discovery on oath of documents relevant to the proceedings. Within this period the case was adjourned approximately three times at the applicants’ request and approximately seven times at the parties’ requests. It was also adjourned by the court itself for nearly six months (from 16 May 1990 until 8 November 1990). Furthermore, the applicants sent a letter to the President of the Limassol District Court on 8 December 1994 complaining about the length of proceedings in the case.
18.  From 1 January 1995 until 28 April 1998 the case was adjourned several times. Approximately six adjournments were at the applicants’ request; four of these concerned the appointment of a new lawyer. There were also approximately ten adjournments at the parties’ request and five at the plaintiffs’. Certain of these adjournments related to inter alia the amendment of pleadings following the death of one of the plaintiffs and Mr Andreas Kannavas. The last two applicants were joined to the proceedings as administrators of the deceased’s estate on 19 June 1996. The court also adjourned the case approximately four times, one of these being for a period of over four months (from 15 May 1997 until 3 October 1997). Further, within this period the applicants sent a number of letters to the relevant domestic authorities complaining about the length of the proceedings.
19.  On 28 April 1998 the plaintiffs’ lawyers did not appear before the court and the action was dismissed in favour of the applicants and the defendant company. On the following day the plaintiffs filed an application for the reinstatement of the proceedings. However, because of an oversight by the Registry, the application was not put before a judge until 16 November 1998. Following the filing by the applicants of an objection to the above application, on 23 April 1999 the court issued a decision reinstating the action.
20.  From the above date until 28 June 2002 the case was adjourned several times; once at the applicant’s request, approximately twelve times at the parties’ request and four at the plaintiffs’. The applicants expressed their reluctance at least concerning one of the adjournments. Certain of the above adjournments related to inter alia the amendment of pleadings following the death of one of the plaintiffs and the appointment of his administrator. Within this period the court also issued an interim decision dismissing an application by the applicants concerning the amendment of the plaintiffs’ pleadings. The hearing of the case that had commenced on 18 May 2001 was eventually concluded on 28 June 2002. A total of eight sessions were held.
21.  The Limassol District Court reserved judgment on the above date but following a reopening of the case for unspecified reasons, judgment was reserved again in January 2003.
22.  On 30 May 2003 the district court delivered its judgment dismissing the action against the applicants and awarded them costs and expenses. In particular, it concluded that the applicants were not bound by the relevant contracts and that no trust had been created between them and the plaintiffs. However, the court found in favour of the plaintiffs concerning the defendant company.
23.  On 9 July 2003 the plaintiffs filed an appeal (no. 11776) against the above decision with the Supreme Court.
24.  The Supreme Court delivered its judgment on 27 January 2006 setting aside the district court’s judgment and awarding costs and expenses in favour of the appellants. The court found that the applicants held the flats as trustees for the benefit of the appellants and ordered the applicants to ensure registration or transfer of the apartments in the appellants’ names.
25.  On 10 February 1986 civil action no. 702/86 was filed in the District Court of Limassol by a plaintiff against, inter alia, the first and second applicants, Mr Andreas Kannavas and A. Pieri Alakatoudi Beach Court Ltd.
26.  Between the above date and 11 September 1987 the parties submitted their pleadings and the court dealt with an application by the applicants for the amendment of their defence.
27.  On 11 September 1987 the case was taken off the trial list, following a request by the plaintiff’s lawyer and the accord of the applicants’ lawyer, in view of the fact that an application for a winding-up order of the defendant company was pending before the District Court of Nicosia. The court in particular stated that “by consent the action is taken off the trial list to be fixed afresh on the application of either side to the Registrar when the case [was] ready to be heard”.
28.  On 29 October 1987 the applicants’ lawyer notified the court that the winding-up order had been issued against the defendant company and that the plaintiff could only continue the action against the latter with the leave of the court.
29.  On 19 March 1988 the Official Receiver requested the court not to grant leave for the continuation of the action at that particular time. Thus, the proceedings remained suspended.
30.  The action was fixed for mention on 14 March 1995 following a letter sent on 9 February 1995 to the court by the applicants’ lawyer.
31.  Between the above date and 7 March 2002, only two hearing sessions were held. The case was fixed before the court a number of times and several adjournments took place for the purposes inter alia, of applications for amendments to pleadings and objections thereto, applications for adjournments and appointment of new lawyers and of administrators. Approximately five adjournments were at the plaintiff’s request, three at the parties’ and two at the applicants’ request. On 11 January 1996 the last two applicants were joined to the proceedings as administrators of the estate of Mr Andreas Kannavas. The case also appears to have remained dormant from 14 May 1996 and 31 October 1997.
Further, the case was adjourned because of proceedings pending before the Supreme Court, namely, on 15 September 1998 by an order of the Supreme Court pending its determination of applications by the plaintiff for certiorari and prohibition until the decision was adopted on 18 March 1999, and, secondly, pending the determination of an appeal lodged by the plaintiff on 6 February 2001 against the decision by the district court dismissing an application for an amendment of his statement of claim. The Supreme Court rejected his latter appeal on 21 February 2002. In addition, within this period the applicants sent a letter to the relevant domestic authorities complaining about the length of proceedings in the case.
32.  From 8 March 2002 until 26 March 2002 three hearing sessions took place and one session of oral submissions.
33.  By a judgment dated 23 May 2002, the district court dismissed the action concerning the applicants finding that no trust had been created between them and the plaintiff. The court however found in favour of the plaintiff regarding the defendant company.
34.  On 2 July 2002 the plaintiff filed an appeal against the first instance judgment. The appeal was heard on 21 March 2003, following one adjournment at the applicants’ request with the plaintiff’s consent.
35.  On 21 April 2003 the Supreme Court rejected the appeal and confirmed the findings of the district court. Costs and expenses were awarded in favour of the applicants.